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Judiciary

Section 14A will not apply if no exempt income is received or receivable

July 6, 2018 5784 Views 0 comment Print

DCIT Vs M/s. Ambuthirtha Power P. Ltd. (ITAT Bangalore) The issue in Maxopp Investment Ltd’s. case (supra) was whether the expenditure (including interest on borrowed funds) in respect of investment in shares of operating companies for acquiring and retaining a controlling interest therein was disallowable under Section 14A of the Act. In the said case […]

AAR Ruling on Classification of Polypropylene (PP) Leno Bags

July 6, 2018 6108 Views 0 comment Print

‘PP Leno Bags’, if specifically made from woven Polypropylene fabric using strips or the like of width not exceeding 5 mm and without any impregnation, coating, covering, or lamination with plastics, are to be classified under Tariff Sub Heading 6305 33 00.

Creditworthiness of investor company cannot rejected merely for declaring low income

July 5, 2018 2487 Views 0 comment Print

Treating the receipt of huge share application money by an investor-company as unexplained investment, merely due to the reason that low income was declared by such investor in its income-tax return, was not justified, since balance sheet of the investor produced by assessee had proved creditworthiness, genuineness and identity of the investor.

No TDS U/s. 194H on Commission by sub-broker on Security Transactions

July 5, 2018 12534 Views 0 comment Print

This appeal by the Revenue arises out of the order of the Learned Commissioner of Income Tax(Appeals)-Durgapur [in short the ld CIT(A)] in Appeal No. 08/CIT(A)/DGP/2015-16 dated 31.08.2016 against the order passed by the DCIT, Circle-1, Dgp [ in short the ld AO] under section 143(3) of the Income Tax Act

Revenue cannot interpret an agreement in its own way to include other costs

July 5, 2018 1122 Views 0 comment Print

If the parties to the agreement are bound by the terms and conditions mentioned therein and the Revenue cannot interpret the said agreement in its own way to include the other costs: Coca-Cola India Inc. case

Notice U/s. 148 served at factory premises of Assessee on security guard is valid

July 5, 2018 2292 Views 0 comment Print

CIT Vs M/s Sudev industries limited (Delhi High Court) Whether the Income Tax Appellate Tribunal is justified in law in holding that service of notice at the factory premises of the Assessee on the security guard was not proper service under the provisions of Section 282(2) of the Income Tax Act, 1961? Section 282 of […]

Penalty for Failure to file Part-B of E-way Bill is valid: HC

July 5, 2018 37194 Views 5 comments Print

M/s Gati Kintetsu Express Pvt. Ltd. Vs Commissioner, Commercial Tax of MP & others (Madhya Pradesh High Court) In the present case, the distance was more than 1200-1300 kilometers and it is mandatory for the petitioner to file the Part-B of the e-way bill giving all the details including the vehicle number before the goods […]

CIT(A) should admit Additional evidence which are relevant and goes to root of matter: ITAT Delhi

July 5, 2018 8067 Views 0 comment Print

Briefly the facts of the case are that no PAN and ITR has been filed in this case. The case was selected for scrutiny on the basis of AIR Information regarding cash deposits in S.B. account by assessee without quoting PAN numbers in the A.Y. under appeal.

Waiver of loan for acquiring capital assets not amount to cessation of trading liability

July 5, 2018 2661 Views 0 comment Print

Waiver of loan for acquiring capital assets could not be taxed as perquisites under section 28(iv) since receipts were in the nature of cash or money. Section 41(1) of the Income Tax Act does not apply since waiver of loan does not amount to cessation of trading liability. It is a matter of record that the assessee had not claimed any deduction under section 36(1)(iii) of the IT Act qua the payment of interest in any previous year.

Wealth Tax leviable on land on which Construction is under process

July 5, 2018 1752 Views 0 comment Print

Only a land in which the building is completely constructed stands excluded under the exclusionary provision under Explanation (1 )(b)(ii) of Section 2(ea) of Wealth Tax Act, 1957

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